[Adopted by the Bloomfield Board of Health 6-4-1987; (Ch. 336,
Art. II, of the 1987 Code)][1]
[Amended 8-10-1989; 6-7-1990; 11-9-1999; at time
of adoption of Code (see Ch. 575, General Provisions, Board of Health,
Art. V)]
A.
On and after the effective date of this chapter, every
landlord or owner of a building designed to be occupied or occupied
as residences by three or more families who has agreed to supply heat
shall be required pursuant to N.J.S.A. 26:3-31 to supply heat from
October 1 of each year to the next succeeding May 15. It shall be
a violation of this chapter unless every unit of dwelling space and
every habitable room therein shall be maintained at a minimum of 70°
F. between the hours of 5:00 a.m. and 11 :00 p.m. regardless of outside
temperature, and 65° F. between the hours of 11 :00 p.m. and 5:00
a.m. when the outside temperature is 50° F. or less. Failure to
so maintain the dwelling unit shall be a violation of this chapter.
Upon their failure to provide heat as herein required, the owner of
said unit or units shall be deemed to have violated this chapter.
In meeting the aforesaid standards, the owner shall not be responsible
for heat loss and the consequent drop in the interior temperature
arising out of action by the occupants in leaving windows or doors
open to the exterior of the building. Between May 15 and September
30, interiors of dwelling space shall be maintained at a minimum of
65° whenever the outside temperature falls below 45° F.
B.
Every dwelling shall have heating facilities which
are properly installed and maintained in good and safe working condition
and are capable of safely and adequately heating all habitable rooms,
bathrooms, water closet compartments and common hallways located therein
to a temperature of at least 70° F. when the outside temperature
is 0° F. The temperature shall be read at a height of three feet
above floor level at the center of the room.
C.
The owner shall be obligated to supply required fuel
or energy and maintain the heating system in good operating condition
so that it can supply heat as required herein notwithstanding any
contractual provision seeking to delegate or shift responsibility
to the occupant or third person, except that the owner shall not be
required to supply fuel or energy for heating purposes to any unit
where the occupant thereof agrees in writing to supply heat to their
own unit of dwelling space and said unit is served by its own exclusive
heating equipment for which the source of heat can be separately computed
and billed.
[Amended 8-10-1989]
A.
Every heating system regulated by this chapter must
be registered and licensed by the Board of Health.
B.
Every owner of a building designed to be occupied
as residences by three or more families who has agreed to supply heat
to the occupants must have their heating system certified to be in
proper working order as to provide legal temperatures as required
by this chapter. This certification must be made by any qualified
inspection agency or heating contractor, a copy of the same to be
sent to the Township of Bloomfield no later than the 20th of September
of the same year with the required fee. All boilers shall be inspected
between June 1 and August 31.
C.
It shall be the duty of every owner, manager and superintendent
or their agent responsible for maintaining heat to notify the Township
of Bloomfield within four hours of any malfunction of the heating
system.
D.
Failure to conduct a heating system inspection and furnish said report to the Health Department together with the name, address and phone number of the person responsible for the maintenance of heat on a twenty-four-hour basis will be considered a violation of this chapter subject to the penalties and remedies contained in § 621-4 of this chapter. Upon conviction in Municipal Court, the Health Officer may engage a qualified inspection agency or heating contractor to conduct a heating system inspection at the owner's expense pursuant to § 621-7B of this chapter.
[Amended 10-20-2022 by Ord. No. BOH 04-2022)]
E.
Landlords or their designated agent shall keep a permanent
up-to-date record of each tenant complaint of insufficient heat. Complaint
log shall contain the date and time received, name and address of
tenant, date and time it was answered and deposition signed by the
person answering the complaint. Such log shall be available to the
inspector at all times.
The Health Officer or their designee shall be
and is hereby authorized to enforce this chapter.
[Amended 6-7-1990; at time of adoption of Code (see Ch.
575, General Provisions, Board of Health, Art. V)]
Any person, firm or entity who violates any
provision of this chapter or any order promulgated under this chapter
shall, upon conviction thereof, be sentenced to pay a penalty of $500.
Each day that a particular violation continues shall constitute a
separate offense. Each dwelling unit with a particular violation for
a day or any part of a day shall constitute a separate violation.
[Amended 6-7-1990; 10-20-2022 by Ord. No. BOH 04-2022]
Upon conviction of any person, firm or entity for a violation of this chapter, the Health Officer shall determine and certify the amount of all costs incurred by the Township in the investigation of each complaint and shall bill the landlord or owner of the property pursuant to the provisions of § 621-7B of this chapter.
[Amended at time of adoption of Code (see Ch. 575, General
Provisions, Board of Health, Art. V)]
On or after the effective date of this chapter,
every landlord or owner of a building designed to be occupied or occupied
as residences by three or more families shall be obligated to adhere
to the standards for operation and repair of a furnace, boiler or
other equipment essential to the proper heating of any residential
unit rented by said landlord pursuant to the standards and provisions
set forth in N.J.S.A. 26:3-31p and the procedure and remedy set forth
in N.J.S.A. 26:3-31p, all of which statutory and administrative regulation
procedures are hereby incorporated by reference into this chapter
as if fully set forth at length at this point.
A.
In the event that the landlord or owner of the building
has failed to supply fuel or failed to engage a repairman or order
any parts necessary to restore to operating conditions the furnace,
boiler or other equipment essential to the proper heating of any residential
unit rented by said landlord and at least 24 hours have elapsed since
the tenant or any inspector has lodged a complaint with the local
Board of Health, and prior thereto the inspector has delivered a notice
to the landlord or made a bona fide attempt to notify the landlord
of the failure to supply heat and the landlord has failed to take
appropriate action, and during said twenty-four-hour period the outside
temperature is less than 50° F., then the local Board of Health
is authorized and empowered in its discretion to act as the agent
of the landlord or owner of the building to order and supply the fuel
necessary to heat the building or engage a repairman and order any
parts, for and on behalf of the landlord or owner, which are essential
to provide the proper heating of any residential unit rented by the
landlord or owner of the building.
B.
Any person who supplies fuel, materials or services
in accordance with this provision shall bill the landlord or owner
of the building directly for the fuel, materials or services supplied
to the building and is hereby authorized and empowered to file a notice
approved by the Board of Health with the Essex County Clerk, and upon
filing of said notice, said supplier shall have a lien on the premises
where the fuel or materials were used or services supplied.
[Amended 10-20-2022 by Ord. No. BOH 04-2022)]
In addition to the remedy hereinabove set forth, the local Board of Health in its discretion, upon occurrence of the conditions set forth in § 621-7A of this chapter and upon its ordering of the fuel, repairs or services as agent of the landlord or owner as provided in § 621-7 of this chapter, may:
A.
Elect to pay for fuel, repairs, materials or services
supplied to the building and have the same delivered and installed
in the building to alleviate an emergency health condition, in which
event the landlord or owner of the building shall be obligated to
reimburse the Board of Health for this cost within five days from
its expenditure; or
B.
Elect to prohibit occupancy of the building by all
persons until the landlord or owner, at their own cost, fills the
fuel tank or makes the necessary repair or restoration to the furnace,
boiler or other equipment essential to the proper heating of the building.
[Amended 8-10-1989]
Upon passage and publication of this chapter,
the Board of Health or other appropriate Township official shall forward
a copy of this chapter to each owner of record of any multifamily
building who shall post a copy in the lobby of each multifamily building;
or, if posted in central office, a notice stating the location and
availability of this chapter must be posted in each building vestibule.
An approved posting shall be provided by the Board of Health to each
landlord upon issuance of a heating system license.
The Township of Bloomfield or the Mayor and
Council and Board of Health or their respective agents shall not be
held financially responsible for any fuel, services or materials supplied
under this chapter, and any person who supplies fuel, materials or
services in accordance with this chapter shall bill the landlord directly.
The Township shall not be liable for any damages
to any person or property in enforcing the provisions of this chapter,
except for the gross negligence or malfeasance of any municipal official,
officer or employee, and under no circumstances shall the Township
be held liable for damages from the lack of heat in the residential
property.
The provisions of this chapter shall not apply
to owner-occupied residential rental properties containing two units
or fewer.
